(A) It is the intent of the town to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment-at-will relationship at any time is retained by both the employee and the town.
(B) Each employee is designated as either “nonexempt” or “exempt” from federal and state wage and hour laws. Nonexempt employees are entitled to overtime pay under the specific provisions of federal and state laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws. Exempt employees are paid on a salary basis that does not vary from week-to-week based upon the quality or quantity of work performed or the location in which work is performed. In other words, exempt employees are paid “to get the job done.” Thus, an exempt employee’s pay will not be reduced in any fashion for partial day absences, except when permitted by law, such as unpaid intermittent FMLA leave. Any deductions from an exempt employee’s salary will be in compliance with acceptable parameters for such deductions.
(C) For example, the following types of deductions are permissible with regard to exempt employees’ pay:
(1) No work is performed in a workweek;
(2) Absences of one or more full days for personal reasons other than sickness or disability if all accrued paid time off, e.g. vacation, sick leave benefits, and personal hour benefits has been exhausted;
(3) Fees received by the employee for jury or witness duty or military leave may be applied to offset the pay otherwise due to the employee for the week;
(4) Penalties imposed by infractions of safety rules of major significance;
(5) Unpaid disciplinary suspensions of one or more full days in accordance with the town’s disciplinary policy;
(6) Deductions for the first and last week of employment, when only part of the week is worked by the employee; and
(7) Deductions for unpaid leave taken in accordance with an approved absence under the Family and Medical Leave Act.
(D) Complaint procedure.
(1) Employees who believe their pay has been improperly reduced should immediately contact the Clerk-Treasurer’s office.
(2) The town will investigate the employee’s concern and determine whether an inadvertent improper deduction has been made. If the deduction was in fact improper, the town will reimburse the employee as promptly as possible. The town complies with all applicable laws concerning the payment of wages and will correct any inadvertent improper deduction, should it occur and monitor the situation to ensure no further issues arise.
(E) An employee’s exempt or nonexempt classification may be changed only upon written notification by the Town Council.
(F) In addition to the categories of “exempt” and “nonexempt,” each employee will belong to one other employment category:
(1) “Regular full-time” employees are those who are not in a temporary or introductory status and who are regularly scheduled to work a full-time schedule of 40 hours per week. Generally, employees in this category are eligible for the town’s benefits package, subject to the terms, conditions, and limitations of each benefit program. Refer to each benefit policy for eligibility requirements.
(2) “Regular part-time” employees are those who are not assigned to a temporary or introductory status and who are regularly scheduled to work less than 40 hours per week. Employees in this category may be eligible for some of the town’s benefits, subject to the terms, conditions, and limitations of each benefit program. Refer to each benefit policy for eligibility requirements.
(3) “Introductory” employees are those Police and Fire Department employees whose performance is being evaluated to determine whether further employment is appropriate. The introductory period is six months after the completion of the minimum basic training requirements adopted by the Law Enforcement Training Board under I.C. 5-2-1-9. Refer to Policy #205—Introductory Period (§ 35.039) for additional information.
(4) “Temporary/seasonal” employees are those who are hired as interim replacements to temporarily supplement the workforce, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally mandated benefits, they are ineligible for any of the town’s other benefit programs.
(Ord. 2020-26, passed 1-12-21)